Джеймс Фенимор Купер - The Two Admirals

“Should they have any other, it will be your own fault, Wycherly. When I am dead, and that will happen ere many weeks, the human being will not be living, who can take that property, after your demise, in any other manner than by escheat, or by devise. There will then be neither heir of entail, nor heir at law; and you may make whom you please, master of Wychecombe, provided he be not an alien.”

“Not an American, I suppose, brother; an American is an alien, of course.”

“Humph! – why, not in law, whatever he may be according to our English notions. Harkee, brother Wycherly; I’ve never asked you, or wished you to leave the estate to Tom, or his younger brothers; for one, and all, are filii nullorum – as I term ‘em, though my brother Record will have it, it ought to be filii nullius , as well as filius nullius . Let that be as it may; no bastard should lord it at Wychecombe; and rather than the king; should get the lands, to bestow on some favourite, I would give it to the half-blood.”

“Can that be done without making a will, brother Thomas?”

“It cannot, Sir Wycherly; nor with a will, so long as an heir of entail can be found.”

“Is there no way of making Tom a filius somebody , so that he can succeed?”

“Not under our laws. By the civil law, such a thing might have been done, and by the Scotch law; but not under the perfection of reason.”

“I wish you knew this young Virginian! The lad bears both of my names, Wycherly Wychecombe.”

“He is not a filius Wycherly – is he, baronet?”

“Fie upon thee, brother Thomas! Do you think I have less candour than thyself, that I would not acknowledge my own flesh and blood. I never saw the youngster, until within the last six months, when he was landed from the roadstead, and brought to Wychecombe, to be cured of his wounds; nor ever heard of him before. When they told me his name was Wycherly Wychecombe, I could do no less than call and see him. The poor fellow lay at death’s door for a fortnight; and it was while we had little or no hope of saving him, that I got the few family anecdotes from him. Now, that would be good evidence in law, I believe, Thomas.”

“For certain things, had the lad really died. Surviving, he must be heard on his voire dire , and under oath. But what was his tale?”

“A very short one. He told me his father was a Wycherly Wychecombe, and that his grandfather had been a Virginia planter. This was all he seemed to know of his ancestry.”

“And probably all there was of them. My Tom is not the only filius nullius that has been among us, and this grandfather, if he has not actually stolen the name, has got it by these doubtful means. As for the Wycherly, it should pass for nothing. Learning that there is a line of baronets of this name, every pretender to the family would be apt to call a son Wycherly.”

“The line will shortly be ended, brother,” returned Sir Wycherly, sighing. “I wish you might be mistaken; and, after all, Tom shouldn’t prove to be that filius you call him.”

Mr. Baron Wychecombe, as much from esprit de corps as from moral principle, was a man of strict integrity, in all things that related to meum and tuum . He was particularly rigid in his notions concerning the transmission of real estate, and the rights of primogeniture. The world had taken little interest in the private history of a lawyer, and his sons having been born before his elevation to the bench, he passed with the public for a widower, with a family of promising boys. Not one in a hundred of his acquaintances even, suspected the fact; and nothing would have been easier for him, than to have imposed on his brother, by inducing him to make a will under some legal mystification or other, and to have caused Tom Wychecombe to succeed to the property in question, by an indisputable title. There would have been no great difficulty even, in his son’s assuming and maintaining his right to the baronetcy, inasmuch as there would be no competitor, and the crown officers were not particularly rigid in inquiring into the claims of those who assumed a title that brought with it no political privileges. Still, he was far from indulging in any such project. To him it appeared that the Wychecombe estate ought to go with the principles that usually governed such matters; and, although he submitted to the dictum of the common law, as regarded the provision which excluded the half-blood from inheriting, with the deference of an English common-law lawyer, he saw and felt, that, failing the direct line, Wychecombe ought to revert to the descendants of Sir Michael by his second son, for the plain reason that they were just as much derived from the person who had acquired the estate, as his brother Wycherly and himself. Had there been descendants of females, even, to interfere, no such opinion would have existed; but, as between an escheat, or a devise in favour of a filius nillius , or of the descendant of a filius nullius , the half-blood possessed every possible advantage. In his legal eyes, legitimacy was everything, although he had not hesitated to be the means of bringing into the world seven illegitimate children, that being the precise number Martha had the credit of having borne him, though three only survived. After reflecting a moment, therefore, he turned to the baronet, and addressed him more seriously than he had yet done, in the present dialogue; first taking a draught of cordial to give him strength for the occasion.

“Listen to me, brother Wycherly,” said the judge, with a gravity that at once caught the attention of the other. “You know something of the family history, and I need do no more than allude to it. Our ancestors were the knightly possessors of Wychecombe, centuries before King James established the rank of baronet. When our great-grandfather, Sir Wycherly, accepted the patent of 1611, he scarcely did himself honour; for, by aspiring higher, he might have got a peerage. However, a baronet he became, and for the first time since Wychecombe was Wychecombe, the estate was entailed, to do credit to the new rank. Now, the first Sir Wycherly had three sons, and no daughter. Each of these sons succeeded; the two eldest as bachelors, and the youngest was our grandfather. Sir Thomas, the fourth baronet, left an only child, Wycherly, our father. Sir Wycherly, our father, had five sons, Wycherly his successor, yourself, and the sixth baronet; myself; James; Charles; and Gregory. James broke his neck at your side. The two last lost their lives in the king’s service, unmarried; and neither you, nor I, have entered into the holy state of matrimony. I cannot survive a month, and the hopes of perpetuating the direct line of the family, rests with yourself. This accounts for all the descendants of Sir Wycherly, the first baronet; and it also settles the question of heirs of entail, of whom there are none after myself. To go back beyond the time of King James I.: Twice did the elder lines of the Wychecombes fail, between the reign of King Richard II. and King Henry VII., when Sir Michael succeeded. Now, in each of these cases, the law disposed of the succession; the youngest branches of the family, in both instances, getting the estate. It follows that agreeably to legal decisions had at the time, when the facts must have been known, that the Wychecombes were reduced to these younger lines. Sir Michael had two wives. From the first we are derived – from the last, the Wychecombes of Hertfordshire – since known as baronets of that county, by the style and title of Sir Reginald Wychecombe of Wychecombe-Regis, Herts.”

“The present Sir Reginald can have no claim, being of the half-blood,” put in Sir Wycherly, with a brevity of manner that denoted feeling. “The half-blood is as bad as a nullius , as you call Tom.”